Nos. 95-1242, 95-1311.

140 F.3d 1449 (1998)

LITTON SYSTEMS, INC., Plaintiff-Appellant, v. HONEYWELL, INC., Defendant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

April 7, 1998.

Attorney(s) appearing for the Case

S. Leslie Misrock, Pennie & Edmonds, LLP, New York City, argued for plaintiff-appellant. With him on brief were Rory J. Radding, Stanton T. Lawrence, III, and Paul J. Zegger, Washington, DC. Of counsel on brief was Frederick A. Lorig, Bright & Lorig, Los Angeles, CA.

Richard G. Taranto, Farr & Taranto, Washington, DC, argued for defendant-cross appellant. With him on brief were Gregory A. Long, Joseph F. Coyne, Jr., and Kent R. Raygor, of Sheppard, Mullin, Richter, & Hampton, Los Angeles, CA. Also on brief were William K. West, Jr., Pillsbury, Madison & Sutro, Washington, DC; and George E. Quillin, Foley & Lardner, Washington, DC.

Before NEWMAN, RADER, and BRYSON, Circuit Judges.

Opinion for the court filed by Circuit Judge RADER. Opinion concurring in part and dissenting in part filed by Circuit Judge PAULINE NEWMAN.

RADER, Circuit Judge.

The United States Supreme Court vacated the judgment in Litton Systems, Inc. v. Honeywell, Inc., 87 F.3d 1559, 39 USPQ2d 1321 (Fed.Cir.1996) (Litton I), and remanded to this court for further consideration in light of Warner-Jenkinson Co. v. Hilton...

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